Judulang

MEMORANDUM **

Joel Judulang was born on June 26,1966 in the Philippines, but claims that he obtained derivative citizenship through his parents. The parties are familiar with the facts, and we do not repeat them except where necessary to render our decision. We deny Judulang’s petition on his claim of derivative citizenship.

In removal proceedings, the DHS has the burden of proving removability by “clear, unequivocal, and convincing evidence.” Woodby v. INS, 385 U.S. 276, 277 , 87 S.Ct. 483 , 17 L.Ed.2d 362 (1966). Judulang’s birth in the Philippines creates a rebuttable presumption of alienage, and the burden shifted to Judulang to prove his citizenship. See Scales v. INS, 232 F.3d 1159,1163 (9th Cir.2000).

The DHS produced Judulang’s birth certificate at his hearing, and Judulang did not dispute that he was born on June 19, 1966 in the Philippines. At the hearing, the DHS also introduced into evidence that Judulang’s father naturalized on September 22, 1978, and Judulang’s mother naturalized on June 21, 1985. Judulang failed to introduce any evidence that his mother naturalized before his 18th birthday, meaning he did not obtain derivative citizenship under Immigration and…